Bill Text: IA HF2389 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the term sex and related terms for purposes of statutory construction, including an indication of a person's sex on certain vital records.(Formerly HSB 649.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-08 - Introduced, placed on calendar. H.J. 224. [HF2389 Detail]
Download: Iowa-2023-HF2389-Introduced.html
House
File
2389
-
Introduced
HOUSE
FILE
2389
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
649)
A
BILL
FOR
An
Act
relating
to
the
term
sex
and
related
terms
for
purposes
1
of
statutory
construction,
including
an
indication
of
a
2
person’s
sex
on
certain
vital
records.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
4.1A
Statutory
construction
——
sex
1
and
related
terms.
2
1.
In
the
construction
of
statutes,
the
following
rules
3
shall
be
observed
with
regard
to
a
person’s
biological
sex:
4
a.
“Sex”
means
a
person’s
biological
sex,
either
male
or
5
female,
at
birth,
unless
otherwise
provided
by
law.
6
b.
A
“female”
is
a
person
whose
biological
reproductive
7
system
is
developed
to
produce
ova
and
a
“male”
is
a
person
8
whose
biological
reproductive
system
is
developed
to
fertilize
9
the
ova
of
a
female.
10
c.
The
term
“woman”
or
“girl”
refers
to
a
female
and
the
11
term
“man”
or
“boy”
refers
to
a
male.
12
d.
The
term
“mother”
means
a
parent
who
is
female
and
the
13
term
“father”
means
a
parent
who
is
male.
14
e.
The
term
“equal”
does
not
mean
“same”
or
“identical”
.
15
f.
Separate
accommodations
are
not
inherently
unequal.
16
g.
A
person
born
with
a
medically
verifiable
diagnosis
of
17
disorder
or
difference
of
sex
development
shall
be
provided
the
18
legal
protections
and
accommodations
afforded
under
the
federal
19
Americans
with
Disabilities
Act
of
1990
and
applicable
state
20
law.
21
2.
Any
state
law,
policy,
or
program
that
prohibits
22
discrimination
on
the
basis
of
sex
shall
be
construed
to
forbid
23
unfair
treatment
of
females
or
males
in
relation
to
similarly
24
situated
members
of
the
opposite
sex.
25
3.
Notwithstanding
any
provision
of
state
law
to
the
26
contrary,
distinctions
based
on
sex,
including
but
not
limited
27
to
in
prisons
or
other
detention
facilities,
domestic
violence
28
shelters,
rape
crisis
centers,
locker
rooms,
restrooms,
and
in
29
other
contexts
where
health,
safety,
or
privacy
are
implicated
30
resulting
in
separate
accommodations,
are
substantially
related
31
to
the
important
government
objectives
of
protecting
the
32
health,
safety,
and
privacy
of
the
persons
in
these
contexts.
33
4.
Any
state
department
or
subunit
of
a
department,
or
any
34
political
subdivision
of
the
state
including
a
city,
county,
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township,
or
school
district
that
collects
vital
statistics
for
1
the
purpose
of
complying
with
state
antidiscrimination
laws,
2
or
for
the
purpose
of
gathering
accurate
state
public
health,
3
crime,
economic,
or
other
data,
shall
identify
the
sex
of
each
4
person
included
in
the
collected
data
as
either
male
or
female.
5
5.
For
the
purposes
of
this
section,
“state
law”
includes
6
any
state
statute
or
rule.
7
Sec.
2.
Section
144.13,
Code
2024,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
5.
A
certificate
of
birth
filed
under
this
10
section
shall
include
a
designation
of
the
sex
of
the
person
as
11
defined
in
section
4.1A.
12
Sec.
3.
Section
144.23,
Code
2024,
is
amended
to
read
as
13
follows:
14
144.23
State
registrar
to
issue
establish
new
certificate
of
15
birth
.
16
1.
The
state
registrar
shall
establish
a
new
certificate
of
17
birth
for
a
person
born
in
this
state,
when
the
state
registrar
18
receives
the
following:
19
1.
a.
An
adoption
report
as
provided
in
section
144.19
,
or
20
a
certified
copy
of
the
decree
of
adoption
together
with
the
21
information
necessary
to
identify
the
original
certificate
of
22
birth
and
to
establish
a
new
certificate
of
birth.
23
2.
b.
A
request
that
a
new
certificate
be
established
and
24
evidence
proving
that
the
person
for
whom
the
new
certificate
25
is
requested
has
been
legitimated,
or
that
a
court
of
competent
26
jurisdiction
has
determined
the
paternity
of
the
person.
27
3.
c.
A
notarized
affidavit
by
a
licensed
physician
and
28
surgeon
or
osteopathic
physician
and
surgeon
stating
that
by
29
reason
of
surgery
or
other
treatment
by
the
licensee,
the
30
sex
designation
of
the
person
has
been
changed.
The
state
31
registrar
may
make
a
further
investigation
or
require
further
32
information
necessary
to
determine
whether
a
sex
change
has
33
occurred.
34
2.
a.
Pursuant
to
section
4.1A,
a
new
certificate
of
birth
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established
under
subsection
1,
paragraph
“a”
or
“b”
,
shall
1
include
a
designation
of
the
sex
of
the
person,
as
male
or
2
female,
at
birth.
3
b.
Pursuant
to
section
4.1A,
a
new
certificate
of
birth
4
established
under
subsection
1,
paragraph
“c”
,
following
a
5
change
in
sex
designation,
shall
include
a
designation
of
the
6
sex
of
the
person,
as
male
or
female,
both
at
the
time
of
birth
7
and
at
the
time
the
new
certificate
of
birth
is
established.
8
Sec.
4.
Section
144.24,
subsections
1
and
2,
Code
2024,
are
9
amended
to
read
as
follows:
10
1.
If
a
new
certificate
of
birth
is
established,
the
actual
11
place
and
date
of
birth
shall
be
shown
on
the
certificate
and
12
the
certificate
shall
include
a
designation
of
the
person’s
13
sex
pursuant
to
section
144.23
.
The
certificate
shall
be
14
substituted
for
the
original
certificate
of
birth.
15
2.
Following
substitution
of
the
original
certificate
of
16
birth
with
a
new
certificate
of
birth,
the
original
certificate
17
and
the
evidence
of
adoption,
paternity,
or
legitimation
,
or
18
sex
change
shall
not
be
subject
to
inspection
except
under
19
order
of
a
court
of
competent
jurisdiction,
including
but
20
not
limited
to
an
order
issued
pursuant
to
section
600.16A
,
21
as
provided
in
section
144.23A
or
144.24A
,
or
as
provided
by
22
administrative
rule
for
statistical
or
administrative
purposes
23
only.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
term
sex
and
related
terms
for
28
purposes
of
statutory
construction.
29
The
bill
creates
a
new
Code
section
4.1A
(statutory
30
construction
——
sex
and
related
terms).
The
bill
provides
31
that
certain
rules
of
statutory
construction
shall
be
observed
32
with
regard
to
a
person’s
sex.
These
rules
with
regard
to
a
33
person’s
sex
include:
34
1.
“Sex”
means
a
person’s
biological
sex,
either
male
or
35
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2389
female,
at
birth,
unless
otherwise
provided
by
law.
1
2.
A
“female”
is
a
person
whose
biological
reproductive
2
system
is
developed
to
produce
ova
and
a
“male”
is
a
person
3
whose
biological
reproductive
system
is
developed
to
fertilize
4
the
ova
of
a
female.
5
3.
The
term
“woman”
or
“girl”
refers
to
a
female
and
the
6
term
“man”
or
“boy”
refers
to
a
male.
7
4.
The
term
“mother”
means
a
parent
who
is
female
and
the
8
term
“father”
means
a
parent
who
is
male.
9
5.
The
term
“equal”
does
not
mean
“same”
or
“identical”.
10
6.
Separate
accommodations
are
not
inherently
unequal.
11
7.
A
person
born
with
a
medically
verifiable
diagnosis
of
12
disorder
or
difference
of
sex
development
shall
be
provided
the
13
legal
protections
and
accommodations
afforded
under
the
federal
14
Americans
with
Disabilities
Act
of
1990
and
applicable
state
15
law.
16
Additionally,
under
the
bill,
any
state
law,
policy,
or
17
program
that
prohibits
discrimination
on
the
basis
of
sex
shall
18
be
construed
to
forbid
unfair
treatment
of
females
or
males
in
19
relation
to
similarly
situated
members
of
the
opposite
sex.
20
Notwithstanding
any
provision
of
state
law
to
the
contrary,
21
distinctions
based
on
sex
in
various
contexts
where
health,
22
safety,
or
privacy
are
implicated
resulting
in
separate
23
accommodations,
are
substantially
related
to
the
important
24
government
objectives
of
protecting
the
health,
safety,
and
25
privacy
of
the
persons
in
these
contexts.
In
addition,
any
26
state
department
or
subunit
of
a
department,
or
any
political
27
subdivision
of
the
state
including
a
city,
county,
township,
28
or
school
district
that
collects
vital
statistics
for
the
29
purpose
of
complying
with
state
antidiscrimination
laws
or
for
30
the
purpose
of
gathering
accurate
state
public
health,
crime,
31
economic,
or
other
data,
shall
identify
the
sex
of
each
person
32
included
in
the
collected
data
as
either
male
or
female.
33
The
bill
defines
“state
law”
for
the
purposes
of
new
Code
34
section
4.1A.
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The
bill
also
amends
provisions
under
Code
chapter
144
1
(vital
statistics).
The
bill
requires
that
an
original
2
certificate
of
birth
shall
include
a
designation
of
the
sex
of
3
the
person
as
defined
in
new
Code
section
4.1A.
With
regard
4
to
a
new
certificate
of
birth,
if
a
new
certificate
of
birth
5
is
established
after
the
state
registrar
receives
an
adoption
6
report
or
a
certified
copy
of
an
adoption
decree
or
following
7
a
determination
of
paternity,
the
new
certificate
of
birth
8
shall
include
a
designation
of
sex
of
the
person
at
birth;
9
and
if
a
new
certificate
of
birth
is
established
after
the
10
state
registrar
receives
a
notarized
affidavit
by
a
licensed
11
physician
and
surgeon
or
osteopathic
physician
and
surgeon
12
stating
that
by
reason
of
surgery
or
other
treatment
by
the
13
licensee,
the
sex
designation
of
the
person
has
been
changed,
14
the
new
certificate
of
birth
shall
include
a
designation
of
the
15
sex
of
the
person
both
at
the
time
of
birth
and
at
the
time
of
16
establishment
of
the
new
certificate
of
birth.
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